Hanumanthappa @ Hanumanth S/O ... vs H.R. Hanumanthappa S/O Rudrappa
2024 Latest Caselaw 10334 Kant

Citation : 2024 Latest Caselaw 10334 Kant
Judgement Date : 15 April, 2024

Karnataka High Court

Hanumanthappa @ Hanumanth S/O ... vs H.R. Hanumanthappa S/O Rudrappa on 15 April, 2024

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                                                              NC: 2024:KHC-D:6344
                                                       MFA No. 100022 of 2017




                        IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                             DATED THIS THE 15TH DAY OF APRIL, 2024

                                             BEFORE
                          THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
                    MISCELLANEOUS FIRST APPEAL NO. 100022 OF 2017 (MV-I)

                   BETWEEN:

                   HANUMANTHAPPA @ HANUMANTH,
                   S/O. TIPPESHAPPA @ TIPPANNA JALAGAR,
                   AGE: 24 YEARS, OCC: ASST. HELPER IN
                   CLEAN PACKS PVT LTD, GEJJALAGERI,
                   TQ: MADDUR, DIST: MANDYA,
                   R/O. HIREBIDARI VILLAGE, TQ: RANEBENNUR,
                   DIST: HAVERI-581115.
                                                                     ...APPELLANT
                   (BY SRI. G. N. NARASAMMANAVAR, ADVOCATE)

                   AND:

                   1.   MR. H. R. HANUMANTHAPPA S/O. RUDRAPPA,
                        AGE: MAJOR, OCC: BUSINESS,
                        R/O. NO. 47, 3RD CROSS,
                        DEVARAJ URS LAYOUT,
                        B-BLOCK, DANVANAGERE,
                        DIST: DAVANAGERE-577002.
Digitally signed
by JAGADISH T R    2.   ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD,
Location: HIGH
COURT OF                SURRENTO BUILDING, NO. 6, 1ST FLOOR, LAPPICE
KARNATAKA
                        BRIDGE ROAD, ADYAR, CHENNAI-600020.
                                                                 ...RESPONDENTS
                   (BY SRI. G. N. RAICHUR, ADV. FOR R2;
                      NOTICE TO R1 DISPENSED WITH)

                         THIS MISCELLANEOUS FIRST APPEAL IS FIELD U/S.173(1) OF
                   MOTOR VEHICLES ACT, 1988, PRAYING TO ENHANCE THE
                   COMPENSATION AWARDED BY THE ADDL. SENIOR CIVIL JUDGE AND
                   AMACT RANEBENNUR IN MVC NO.633/2014 DATED 03.03.2016, BY
                   MODIFYING THE IMPUGNED JUDGMENT AND AWARD AND ALLOW
                   THIS APPEAL WITH COST IN THE INTEREST OF JUSTICE & EQUITY.

                         THIS APPEAL, COMING ON FOR HEARING ON INTERLOCUTORY
                   APPLICATION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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                                                     NC: 2024:KHC-D:6344
                                             MFA No. 100022 of 2017




                                 JUDGMENT

This appeal is filed by the injured/claimant seeking for

enhancement of compensation being aggrieved by the

judgment and award dated 03.03.2016 in MVC No.633/2014 on

the file of Additional Senior Civil Judge and AMACT, Ranebennur

(hereinafter referred to as 'Tribunal' for brevity).

2. Heard Sri.G.N.Narasammanvar, learned counsel

appearing for the appellant and Sri.G.N.Raichur, learned

counsel for respondent No.2.

3. Learned counsel for the appellant submits that the

Tribunal has committed an error in assessing the disability of

the appellant contrary to the evidence of PW.3-doctor and other

medical evidence available on record and hence, he seeks to

reassess the same. He further submits that the appellant is

entitled for enhancement of compensation on all other heads.

He seeks to allow the appeal.

4. Per contra, Sri.G.N.Raichur, learned counsel

appearing for respondent No.2 opposes the appeal and submits

that the appellant has sustained only one fracture and hence

assessment made on disability by the Tribunal at 10% is

NC: 2024:KHC-D:6344

inconsonance with the evidence available on record. He further

submits that the award of compensation by the Tribunal in total

is just and fair and does not call for interference at the hands of

this Court. Hence, he seeks to dismiss the appeal.

5. I have heard the arguments of learned counsel for

the appellant and learned counsel for respondent No.2. Perused

the material available on record.

6. The appellant met with a road accident on

02.04.2014 and sustained other injuries. This Court taking note

of the oral testimony of PW.3-doctor and other medical

evidence available on record, reassess the disability at 13%.

This Court also taking note of the injuries suffered by the

appellant and treatment provided to him reassess the

compensation as under:

1. Loss of future income

(Rs.11,296/- x 12 x 18 x 13%) Rs.3,17,191/-

2. Pain and suffering Rs.40,000/-

3. Medical expenses Rs.46,853/-

4. Future medical expenses Rs.30,000/-

5. Food and nourishment,

NC: 2024:KHC-D:6344

attendant charges and conveyance Rs.15,000/-

6. Loss of income during

laid up period (Rs.11,296/- x 3 ) Rs.33,888/-

7. Loss of amenities Rs.30,000/-

Total Rs.5,12,932/-

7. Thus, the appellant is entitled to total compensation

in a sum of Rs.5,12,932/-. The compensation shall carry

interest at the rate of 6% per annum from the date of petition

till realisation.

8. In the result, this Court proceeds to pass the

following:

ORDER

(a) The appeal is allowed in part.

(b) The impugned judgment and award of the Tribunal

stands modified. The appellant is entitled to total

compensation in a sum of Rs.5,12,932/- with

interest at the rate of 6% per annum from the date

of petition till realization as against Rs.3,74,500/-

awarded by the Tribunal.

NC: 2024:KHC-D:6344

compensation amount with accrued interest before

the Tribunal within six weeks from the date of

receipt of certified copy of this judgment.

(d) Draw modified award accordingly.

Sd/-

JUDGE